Wednesday, 20 April 2016

The Data Protection Commissioner has contacted Dublin City Council over its use of
images of people captured on CCTV illegally dumping household waste.

The council last week erected a poster in a litter blackspot in the
north inner city, showing 12 people caught on CCTV dumping rubbish on the
street.

The faces are slightly blurred, due to the quality of the CCTV footage,
but they would be able to identify themselves, as most likely would their
neighbours, the council said.

The poster has been bolted to a wall behind a Perspex shield at
Frankfort Cottages, near the Five Lamps, one of the city’s worst areas for
illegal dumping. CCTV cameras were installed a number of weeks ago and they had
some effect in reducing dumping.

However, within a day of the poster going up last week, the street was
clear.

“It was remarkable. For the last 10 years we’ve had signage there
warning people not to illegally dump, but every day we would have to clear up
bags, and sofas and other furniture, and even builders’ rubble, but this poster
has made such a difference,” said John McPartlan, public domain officer with
the council.

Rights to privacy

However, yesterday morning the commissioner’s office contacted the
council.

“Officials from this office have contacted the DCC in relation to the
publication of CCTV stills.

“It should be pointed out that the processing of personal data must be
done fairly, demonstrate proportionality and not be overly prejudicial to the
fundamental right of the individual to data privacy.”

Mr McPartlan said he would be responding to the commissioner this week.

“We have to make a case that our use of the images is proportionate
response to the issue, and our view is that it is, because illegal dumping
leaves the city in a terrible mess.”

He added the council had published no names and no personal information.

The poster shows people dumping refuse sacks and smaller supermarket
bags, as well as a woman dumping a suitcase and two young men dumping a sofa.

Litter blackspot

The council has been making concerted efforts to clean up the north
inner city, but the area has languished near the bottom of the Irish Business
Against Litter (Ibal) national survey, although it recently moved up from 39th
to 37th most littered urban area.

The council in December 2013 announced a “blitz” on dumping black spots
in the city where residents leave their rubbish in the streets instead of
paying for waste collection.

It established a north inner city litter action group which has gone
door to door asking people to provide proof they are disposing of their waste
legally, and has had some success in persuading households to sign up to pay to
have their bins collected.

However, no measure has had the instant effect of the poster. Local
Independent councillor Nial Ring said he and other local
councillors “fully endorsed” the measure.

“This is the nearest we can get to a name and shame policy. I would
recommend that we get more CCTV cameras and put up more posters because it has
got results.

“We don’t want to be in the Ibal relegation zone, we want to be the LeicesterCity of the litter league.”

The European
Parliament has voted through tougher rules on data protection,
aimed at boosting privacy and giving authorities greater powers to take action
against companies that breach the rules.

The rules, including the much-needed General Data Protection
Regulation (GDPR), were four years in the making and form the new backbone of
laws for data regulators to pursue companies with heavy fines - as much as 4
per cent of annual turnover for global companies - for incidents such as data
breaches, which have become increasingly common.

Viviane Reding,
MEP and former vice-president of the European
Commissionwho proposed the changes in 2012, said: “This is a
historic day for Europe. This reform will restore trust in digital services
today, thereby reigniting the engine for growth tomorrow.

“There can be no freedom without security, and no security without
freedom. Today’s concomitant adoption of these three legislations sends a
strong signal that national security and data protection can and must go hand
in hand.”

National rules

The new data privacy laws comprise of the GDPR, which governs the use
and privacy of EU citizens’ data, and the Data Protection Directive, which
governs the use of EU citizens’ data by law enforcement.

Together they aim to create strong data protection law for Europe’s 500
million citizens; streamline legislation between the 28 member states pushing a
digital single market and boost police and security cooperation. It is due to
replace the outdated patchwork of national rules that have only allowed for
small fines in cases of violation.

The new laws have already proved controversial with companies wishing to
operate with EU citizens’ data, placing an administrative burden on some,
including those based outside of Europe.

The next step in strengthening of data regulation across the EU is an
overhaul of the ePrivacy Directive, which will now commence in earnest, to
bring it inline with the changes laid out in the GDPR.

Passenger name data

The European Parliament also voted through the EU Passenger Name Record
(PNR), which aims to aid law enforcement in tracking people’s movement across
Europe.

EC’s first vice-president Frans Timmermans,
vice-president of the Digital Single Market Andrus Ansip, and Commissioner for
Justice, Consumers and Gender Equality Vera Jourova,
said: “These new rules come at a time when improved cooperation in the fight
against terrorism and other serious crime is more necessary than ever, as shown
by the recent terrorist attacks in Paris and Brussels.”

Ms Reding added: “Faced with the transnational nature of the digital
revolution and the fight against terror, EU-wide rules are the only solution to
our problems.

“PNR is an important tool to track terrorists flying in and out of
Europe in a much wider toolkit, which should also include the systematic
sharing of information in all EU databases.”